February 2024 Justice and Law Reform update

28/02/2024 00:00:00

This month, we have updates from the committees relating to Criminal Law, Enduring Powers of Attorney (EPAs) and Anti-Money Laundering (AML).

Oireachtas Committee hearing 

The Law Society, represented by Director General Mark Garrett and Criminal Law Committee member Aimee McCumiskey,was invited to address an Oireachtas Joint Committee on Justice hearing on 13 February last, regarding several possible weaknesses that had been identified in the Garda Síochána (Recording Devices) (Amendment) Bill 2023.

EPA update

The Probate, Administration & Trusts Committee, together with the Mental Health Law & Capacity Task Force, have updated a practice note that was published after the Assisted Decision Making (Capacity) Act 2015 came into force in April 2023. It provides some more guidance on what you as a practitioner needs to do in terms of preparation and provision of a Legal Statement as required for an Enduring Power of Attorney (EPA) under the legislation. <

We know that solicitors still have concerns on the new arrangements for EPAs and the Law Society is continuing to engage on these issues with the DSS and Government contacts.

AML invite from EU Commission 

The Law Society was invited by the EU Commission to contribute to a discussion on AML obligations, organised by the European Lawyers Foundation (ELF) and the Council of Bars and Law Societies of Europe (CCBE) on 26 February. We will share a video of the seminar which also focused on the new AML package, once it becomes available. As a solicitor or firm you can check our guidance to ensure you are adhering to AMLobligations.